Pedestrian accidents can be traumatic and life-changing events, affecting victims both physically and emotionally. When an accident like this occurs, there’s often a long and complex process to seek compensation for the injuries, medical expenses, lost wages, and other damages suffered by the pedestrian. In North Carolina, insurance companies play a crucial role in this process. Knowing how insurance companies operate, what to expect from them, and how they approach pedestrian accident claims can help injured individuals make better decisions when pursuing compensation. Insurance companies are often involved early in pedestrian accident claims, as they may represent the driver’s liability or provide coverage for the injured pedestrian. Understanding their motives, tactics, and legal responsibilities is essential for any pedestrian accident victim navigating the claim process. At, Phillips & McCrea, PLLC , we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding the Basics of North Carolina Insurance in Pedestrian Accidents
In North Carolina, insurance companies operate under a fault-based system, meaning the party responsible for causing the accident is liable for paying for the damages. This system places the burden of proof on the injured party to show that the driver or another party was at fault. Insurance policies held by drivers typically include liability coverage that can apply to pedestrian accidents. When a pedestrian is struck by a vehicle, the driver’s liability insurance is usually the first avenue pursued for compensation. However, this process is rarely straightforward, as insurance companies work to limit the payouts they have to make.
Pedestrian accident victims may face challenges in proving the driver’s fault, as insurance companies often investigate accidents thoroughly to determine if the pedestrian was partially at fault. In North Carolina, the law follows a contributory negligence rule, which can prevent victims from receiving any compensation if they are found to be even slightly at fault. This strict rule makes it crucial for victims to gather solid evidence, such as witness statements, police reports, and medical records, to support their claims. Insurance companies know this rule well, and they may use it to their advantage to reduce their payout responsibilities or even deny claims altogether.
How Insurance Companies Evaluate Pedestrian Accident Claims
Insurance companies evaluate pedestrian accident claims by looking into various factors to determine the amount of compensation they believe is fair. They start by examining the accident report, witness statements, and any available video footage to understand the accident’s circumstances. Insurance adjusters will also consider the severity of the pedestrian’s injuries, medical bills, the cost of rehabilitation, lost income, and any impact the injuries may have on the victim’s life. They will often assign a value to these damages and make an initial settlement offer based on their calculations.
Attorney Attorney Attorney
Michael Phillips
Marcel McCrea
Natalie Andruczyk
However, insurance companies are known for offering settlements that are lower than what the victim may be entitled to receive. They may use tactics to convince the victim that the initial offer is fair or suggest that they don’t need legal help to get more compensation. It’s important to understand that the initial offer is rarely the final offer. Insurance companies often make low offers in the hope that the injured party will accept it without realizing the long-term financial impact of their injuries. Pedestrians who suffer serious injuries may need ongoing medical care, physical therapy, or even modifications to their homes, and these future costs should be factored into any settlement amount.
The Challenges Pedestrian Victims Face with Insurance Companies
Pedestrian accident victims in North Carolina often encounter several challenges when dealing with insurance companies. One of the biggest challenges is that insurance adjusters are skilled at minimizing claim payouts. They may try to place some of the blame on the pedestrian, pointing to actions like jaywalking, crossing outside designated crosswalks, or failing to pay attention to oncoming traffic. Even when a pedestrian is struck in a seemingly clear-cut situation, such as crossing with a walk signal, insurance adjusters may still question the victim’s actions to reduce liability.
Another challenge comes from the insurance company’s use of medical records to dispute the extent of injuries. They may request access to medical history and use any previous injuries or conditions as a reason to lower the settlement amount. For example, if a pedestrian had a pre-existing back injury, the insurance company might argue that the accident did not cause their pain or disability. This tactic can be frustrating for victims who need fair compensation to cover medical expenses and recover fully.
Insurance companies may also delay the claim process to pressure the victim into accepting a lower settlement. Prolonged delays can create financial strain on accident victims, particularly if they are unable to work or face mounting medical bills. This delay tactic can be particularly effective when victims do not have legal representation, as they may not know how to push back or demand a quicker resolution.
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What to Expect from Insurance Companies During Negotiations
During negotiations with insurance companies, victims can expect adjusters to make offers that may seem less than adequate. Insurance adjusters are trained negotiators, and their job is to save their company as much money as possible. They will likely begin with a low settlement offer, which they hope the injured pedestrian will accept out of frustration or financial need. However, victims should know that this initial offer is usually just the starting point of the negotiation.
Insurance adjusters will often challenge the evidence presented by the victim. If there are discrepancies in medical records or any signs that the victim may have contributed to the accident, the adjuster may use these points to argue for a lower payout. For this reason, it’s vital for accident victims to keep thorough records of medical treatments, expenses, and other related costs. Documentation strengthens their case and makes it harder for insurance companies to dispute the claim’s validity.
Victims should also be aware that insurance companies may use recorded statements against them. After the accident, the insurance company may request a recorded statement from the injured party, claiming it’s necessary for the claim. However, anything said during this recorded statement can be used to reduce or deny the claim. Victims should be cautious when speaking with insurance representatives and may want to consult a legal professional before giving any statements.
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How North Carolina’s Contributory Negligence Law Affects Pedestrian Claims
North Carolina follows the contributory negligence rule, which can significantly impact pedestrian accident claims. Under this rule, if a pedestrian is found to be even one percent at fault for the accident, they may be barred from receiving any compensation. This rule is one of the strictest in the United States, and insurance companies are well aware of how it works. They may use this rule as leverage to try to prove that the pedestrian shared some degree of responsibility, which would prevent them from having to pay out a claim.
Because of contributory negligence, insurance companies may scrutinize the pedestrian’s actions in great detail. They might look for evidence of jaywalking, crossing outside crosswalks, or being distracted at the time of the accident. Even minor actions by the pedestrian could lead to a partial fault determination, making it crucial for victims to counter these arguments with strong evidence. For this reason, accident victims often need legal help to build a case that clearly shows the driver’s full responsibility.
The Importance of Legal Representation in Dealing with Insurance Companies
Legal representation can make a significant difference in the outcome of pedestrian accident claims involving insurance companies. Attorneys experienced in pedestrian accident claims understand how insurance companies operate and the tactics they use to reduce claim payouts. When a victim has legal representation, insurance companies know that they cannot easily manipulate or mislead them. An attorney can also manage the complex negotiations, ensuring that all medical expenses, lost income, and future costs are considered.
A lawyer can also gather the necessary evidence to support the pedestrian’s claim, including accident reports, medical records, and witness testimonies. In cases where contributory negligence may be an issue, an attorney can work to demonstrate that the pedestrian was not at fault. Legal representation can be especially helpful if the case goes to court, as an attorney will advocate for the victim’s best interests in front of a judge or jury. Attorneys also help clients understand the settlement offers and whether they meet the full needs of the victim.
If you or a loved one has been injured in a pedestrian accident, the experienced team at Phillips & McCrea, PLLC is here to help. Dealing with insurance companies after an accident can be overwhelming, especially when they try to place blame on the victim or offer a low settlement that doesn’t cover all the costs. Phillips & McCrea, PLLC understands the challenges that accident victims face and is committed to helping clients obtain the compensation they deserve. Our team will work with you every step of the way, gathering evidence, negotiating with insurance companies, and, if necessary, taking your case to court to ensure you receive a fair resolution. Don’t face this difficult process alone; reach out to Phillips & McCrea, PLLC to discuss your case and learn how we can support you through every step of your claim.